Infringement Liability: A Case Study of the Bereaved Families

Abstract

Background and Aims: The problem of compensation in emotional distress cases and the criteria for providing compensation for emotional distress when harm occurs will be addressed to the injured person. This is not monetary harm, but rather, emotional harm to individuals with relationships that are severely affected by the violation, causing that affected individuals to experience sadness, sorrow, anxiety, and fear that may lead affected individuals to a state of depression, directly impacting the individuals’ quality of life.

Methodology: Emotional distress can be claimed in cases where harm occurs to an individual’s health or freedom. According to commercial and civil laws, emotional distress does not include damage to other individuals who have a close or emotional relationship with the injured party due to the violation. Currently, emotional distress has been defined in the Product Liability Act B.E. 2551, Section 11(1), which specifies that if the injured party suffers death, their spouse, descendants, or heirs may be eligible for compensation for emotional distress.

Results: The Author believes that there should be further amendments and improvements to the commercial and civil laws by establishing compensation for emotional distress in cases where the injured party suffers death, allowing spouses, descendants, or heirs of that person to receive compensation for emotional distress.

Conclusion: Improvements in civil and commercial law should include additional calculations of damages for mental injury in the case of death by allowing the husband, wife, parents, or dependents to have the right to receive damages for such mental damage as well.